Case Examples: Medical Malpractice
Twin Brain Damaged at Birth - $61,660,000 Verdict
In favor of our client, an injured twin (Twin "B"), who was delivered 42 minutes after his brother, (Twin "A") without being continually monitored for fetal distress. Twin "B" suffered asphyxia shortly prior to birth. We proved to the Jury that proper monitoring would have revealed signs of oxygen deprivation, which would have warranted an earlier delivery via cesarean section. Twin "B", now age 6 is intelligent, but requires the assistance of a walker or wheelchair and has difficulty with his speech. His brother, Twin "A", is fine.
Failure to Diagnose Breast Cancer - $31,020,000 Verdict
For our client, a woman with Stage IV (incurable) breast cancer. We demonstrated that the treating Doctor did not respond appropriately to the patient's complaint of a lump on her breast. The Doctor advised that since the patient did not have a family history of breast cancer and was young, that the lump was just a cyst and was nothing to worry about. About ten months later, when the lump grew, the patient went to another Doctor who diagnosed breast cancer. Our expert in the field of oncology testified during trial that had the cancer been diagnosed ten months earlier, the patient would have been in either Stage I or II and would have had a good chance of survival.
Mishap During Heart Surgery - $3,500,000 Settlement
Reached at trial for our client, a one-month old baby, who was operated on for heart surgery. We claimed that during the surgery the hospital physicians negligently impaired the circulation in the infant's leg and thereby caused it to be amputated.
Failure to Diagnose Breast Cancer - $7,650,000 Verdict
In favor of our client, a Director of Nursing, who had a mammogram/sonogram of her left breast. The sonogram revealed three small cysts. Our proof was that the Doctor did not follow up on that finding over the next two years and that he was obligated to make sure the patient had additional mammograms and sonograms. When the patient felt a lump in that same breast, for the first time, (about two years after her last visit with the Doctor), she went for another mammogram and cancer was discovered shortly thereafter. The Doctor's negligence caused the cancer to spread to the bones and then to the lungs, making the disease terminal and depriving the patient of any chance of cure or recovery.
Improper Emergency Room Treatment - $3,100,000 Settlement
Reached on eve of trial against the hospital where our 16 year old client was taken after being hit by a motor vehicle while riding his bicycle. We asserted that he suffered from permanent brain damage as a result of the failure to timely diagnose and treat the head trauma he suffered in the accident.
Failure to Discontinue Chemotherapy - $2,000,000 Settlement
Reached during trial for our clients, the family of a 43 year-old homemaker with Stage I Breast Cancer who died suddenly after being administered Chemotherapy drug. We contended that, based upon her prior adverse reactions to Chemotherapy, the treating doctor should have known that the patient had developed a potentially fatal hypersensitivity to the drug and thus should have discontinued the Chemotherapy.
Failure to Diagnose Meningitis - $3,200,000 Settlement
Reached at trial for our client, an infant twin, who suffered brain damage. We claimed that a hospital and the infant's doctor were negligent in not properly diagnosing a baby's meningitis. Had it been promptly diagnosed and treated, we alleged that brain damage would not have occurred.
Cerebral Palsy - $4,500,000 Verdict
In favor of our client, a newborn, and against the hospital which failed to render treatment to the infant who was having breathing difficulties. The infant had a normal delivery but developed problems breathing in the nursery despite observations by the nurse which indicated respiratory problems. No doctor arrived to assist the child, resulting in a mild case of cerebral palsy. The jury held that the child's brain damage was a result of medical malpractice.
Failure To Diagnose Head Trauma - $10,730,000 Verdict
In favor of our client, a young girl, and against the hospital, which failed to promptly diagnose and treat the effects of head trauma that she suffered after she was hit by a car while crossing the street. As a result, the child lost all vision and remains permanently blind. We proved that the emergency room should have taken cat scans which would have revealed that there was pressure on the child's brain, requiring emergency surgery. Had the surgery, (placement of a shunt) been performed, the child's vision would have been spared.
Failure to Perform C-Section - $3,700,000 Settlement
Obtained on eve of trial for our client, an infant, who suffered permanent brain damage as a result of deprivation of oxygen, which, we asserted, was caused by the failure of the medical providers to recognize the need for a Cesarian Section in lieu of a natural delivery.
Erb's Palsy - $2,000,000 Verdict
In favor of our client, an infant, and against an obstetrician for failing to anticipate or recognize shoulder dystocia during delivery, and then applying excessive force on the baby's head, causing an injury to the nerves in the baby's arm.
Leg Amputation following Heart Surgery - $3,500,000 Settlement
Reached at Trial for our client, a one-month old baby, who was operated on for heart surgery. We claimed that during the surgery the hospital physicians negligently impaired the circulation in the infant's leg and thereby caused it to be amputated.
Doctor Carved Initials on Patient's Abdomen - $1,850,000 Settlement
Obtained for our client only a few months after a lawsuit was filed against a doctor who carved his initials on the patient's lower abdomen following a Cesarean Section, leaving her with a permanent scar.
Brain Damage following Thyroidectomy - $4,000,000 Settlement
For our clients, the family of a 38-year old woman who suffered brain damage and total disability after the surgical removal of her thyroid gland. We demonstrated that our client suffered brain damage after a cardiac arrest caused by the failure of hospital and medical personnel to anticipate, recognize and treat hypocalcemia, a known complication of thyroidectomy which can cause the muscles in the throat to constrict.
Improper Treatment of Elbow Fracture - $2,000,000 Verdict
In favor of our client, who sustained a simple fracture of his elbow following a fall. He sought treatment from the defendant orthopedist who, rather than cast the arm, simply splinted the plaintiff's elbow. As a result, there was a non-union of the elbow, which resulted in a disfiguring mal-alignment. The jury agreed that the doctor's failure to follow up closely with the client resulted in the deformity and it unanimously found in his favor.
Failure to Treat Vascular Condition - $3,250,000 Settlement
Obtained on eve of trial for our client, a 16-year old infant, with a below the knee amputation. The client sustained a broken ankle while playing football. The hospital failed to recognize the symptoms of vascular compromise and perform a prompt surgical procedure, resulting in the loss of the infant's leg.
Failure to Monitor Newborn - $2,500,000 Settlement
Obtained immediately before trial in the Court of Claims for our client, an infant, who lost her foot as a result of repeated IV infiltrations from the placement of IVs in her ankle.
Improper Dosage of Blood Thinners - $2,000,000
In favor of our clients, the family of a patient who sustained a year of pain and suffering after severe loss of tissue following the improper administration of blood thinners. We demonstrated to the jury that the nursing staff administered the dosage inappropriately, which resulted in a condition known as skin necrosis. Our client ultimately died a year later of unrelated causes, but the jury nevertheless compensated him for the pain and suffering that he endured prior to his death.
Delay in Performing Surgery - $1,750,000 Settlement
Reached on the eve of trial for our client, a government-employed architect, and against the hospital where he was treated for injuries he suffered in a motor vehicle accident. We claimed that our client suffered permanent brain damage as a result of the delay in treatment.
Failure to Diagnose Lung Cancer - $1,500,000 Settlement
Obtained for our client, whose treating pulmonologist we claimed failed to properly diagnose her lung cancer. The patient had complained of the recent onset of asthma during pregnancy. Over the course of approximately one year, the doctor failed to diagnose the fact that she had a cancerous tumor in her lungs. The doctor claimed that the patient simply had asthma and that there were no signs of lung cancer.
Failure to Diagnose Cancer - $1,000,000 Settlement
Obtained for our client, an HMO patient, who sought out treatment for pain in her leg. The radiologist erroneously attributed the abnormal findings on her films to an "old trauma" (there wasn't any) when in fact it was cancer.
Failure to Diagnose Breast Cancer - $1,750,000
Reached during trial for our client, a 44-year-old principal, who suffered from Stage II breast cancer. We contended that there was an 18-month delay in diagnosing our client's condition due to the doctor's error in reading a mammogram and in not having a mammogram promptly performed upon feeling a lump in her breast.
Erb's Palsy - $1,400,000 Settlement
Reached during trial for our client, a newborn. Approximately 45 minutes prior to delivery, a hospital resident determined that the delivery should be performed via cesarean section and called the attending physician (since the resident was not allowed to perform a cesarean section). The attending physician denied ever receiving the call. The infant was delivered vaginally and during the delivery, the baby's shoulder became stuck. We claimed that excessive traction (pulling) was used to deliver the infant, resulting in an injury to her brachial plexus. She now suffers from Erb's Palsy and has limited use of her arm.
*These results do not guarantee a similar outcome.
